Guidelines for Case Brief
For those of you considering law school,writing case briefs will be something you will be doing a lot of. So, with COVID-19 essentially shutting downthe courthouses, I thought I would have you guys engage in some legal researchand do some drafting.
The essence of the assignment is this. Select a case from within Chapters 1 to 6 inthe textbookhopefully you will select one that piqued your interest.
Once you have selected your case, go to thewebsite Canlii.org and seek out your case. See YouTube video on how to do research on Canlii. If you are seeking aspecific case like the one you have chosen, Canlii very easy to use. Select your province, level of court, andthen enter the name of your case, ie. R. v. Powder.
You will find that all cases are generallywritten up the same way. The beginningof the case will set out the facts. Ifit is an appellate court decision, the case will summarize how the matter hasbeen considered in the lower courts.
Once the facts are set out, the court willidentify the issue it is being required to resolve.
After the issue has been identified, thejudge writing the decision will usually recite the law as it pertains to theissue. Having done this, the judge willthen offer their interpretation of the law relative to the facts of the caseand issue a ruling.
Thus, there are three main components toevery case. Your assignment is to:
1. Summarize the facts of the case as said several times in lecturesthe facts matter and very from case tocase!
2. Identify the issue the courtwas tasked to resolve?
3. Identify the Judge / Justicewho wrote the opinion and summarize his or her ruling. In the case book, each case is demonstrativeof a particular issue.
The brief shouldbe approximately two to three pages in length, double spaced. There is no needto do further research and if you want to add your opinion as to whether youthink the judgement was sound, or whether you think the court got it wrong, youcan add this as well but not required.
When assessingthe brief, I will be looking for a document that is well written, accountingfor grammar and spelling of course! Thebrief should do what it is intended to do: succinctly summarize a case so thata reader, within a few pages, can get a sense of what the case was about andhow this decision impacted the area of law that it addressed.
If you have anyquestions, let me know.
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